Page:Black's Law Dictionary (Second Edition).djvu/195

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CHALLENGE

pitchers a ton or chaldron, and 29 cwt, of 1% lbs. to the ton. Wharton.

CHALLENGE. 1. To object or except to; to prefer objections to a person, right, or instrument; to formally call into question the capability of a person for a particu- lar function, or the existence of a right claimcd, or the sufficiency or validity or an instrument.

2. As a noon, the word signifies the objec- iinn or exception so advanced.

3. An exception taken against legal docunii-nu. iis a deciar-ition, count, or writ. But this use of the iiord is now ohsolesceiit.

4. in exception or oiijection preferred nuiiut a peison who preseiits himself at zlio polls as a voter. in order that his right in cast a ballot may be inquired into.

5. An objection or exception to the per- --iniil qualification of a jiiilge or magistrate about to presiile at the trial of a cause; as »-ii amount of personal interest, his Luring Icon of counsel, liias. etc.

6. An exception or objection tnkcn to the fiirnrs snnininiind and retiirued for the ti'iui nl a I'.mv='. either intlividualiv, (to the polls.) -Jr collectively. (to the array.) People v. 'i‘r.-irers. 88 Cal. 283. 26 Pac. 88; People v. Pllspatrlcir, 1 N. Y. Cr. R. 425.

.-\':' iomiioiv LAW. The causes for principal chili-nzvs fall under four hi-:1 ‘: (1) Propter hula‘: rcsprciiini. On mcniint of respect, for 91! party‘: sociiii rank. (2) I-‘raptor drfculum-, Ha '1"-rount of some legal disqualification. such in iu'incy or aiienage. (3) I'ronfer affectiim. iin uccount of partiality; that is. either exptvuwl or implicd liias or prejudice. (4) Prop- in ¢u'v:tmri On account of crime: that is. dis- Inli'~:tion arising from the conviction of an iivbimoiis ciimc.

—Challenge for cause. A challenge to a (or for which some cause or reason is nllrzcd.

de in Ley; 4 Bl. Comm. 353. Thus ‘fliiuuishefl from a pcremptory chnlleiize. Ytrncr v. Stine. 114 Gzi. -121. 40 S. E. 3liR;

L'r. Corie N. Y. 1903, § 374.—Challcnge proptzr iiflectlun. A challenge intcrposcil on ac- rnnnt of an ascertained or suspected bins or r-aiihility, and which may be either a princimi

‘"1:-' or a challenge to the favor IIai-i is- I flank v. Forster. 8 Watls (Pu) 300: State Rm-ii». 6G K‘. T1. 488. 32 Ati. S31: Jewell i It-iicll. 8-} Me. 304. 24 Ati. 853. 18 L. R. A. -ifl.—Challenge to the array. An excep-

riun to the whole panel in which thiv jury are imapd, or set in order by the sheriff in his noon account of partiaiity, or some do- flli! a

lllpd

rt-= sherili horoner, or other officer who i‘iv panel or made the return. 3 Bi. - Litt. l5i'ib,- Moore v. Guano 41 S. $3: Thompson v. . 2. . F1. 579; Dnrrah v. , ' . iS9.—Cl|a.l.1enge to the fa- vor. Is where the party has no principal chai- luv, but nhjects only some rohaiilc circum- Innsei of ninpicion, as acquaintance, and the II-n itliiiity of which must be left to the nation of triors, Whose office it is to fir whether the juror he favorable or on.- labia 3 Bl. Comm. 363; 4 Bl. Comm.

‘ Thompson v. State, 109 Ga. 272. 34 8. Sin; am. v. Sawlclle. 66 N. H. 488. 32 El; State v Tlaidwin. 1 Traari. Const.

. C.) ?‘i2.—Ghi3.l.'|.enge to the panel. The

187

CHAMBER BUSINESS

same as a challenge to the array. See supra. And see Pen. Code Cal. 1903. § 105S.—Chn1- lenge to the poll. A challenge made se or- atcly to an individual juror; as disiiugnisied from a challenge to the array. Hurisburg Bank v. Foistcr, 8 Watts iPa.1 Ii .-—Genera.l. challenge. A species of challenge for cause. being an objection to a particular juror, to the effect that the juror is disqnaiihcd from serving in any case. Pen. Code Cal. § 1O’71.—Pe1-- emptory challenge. In criminal practice. A species of chiiilciigi: whicii a prisoner is allowerl to have against a certain number of ju- rors, without assigning nnv ciuse. Lewis v. U. 8.. 146 U. S. 370. 13 Sup. Ct. 136, 30 L. Ed. 1011: Turpin v. State. 55 Mt]. 462: Leiiry v. Iiuiinav Co., N. J. Law. 61'. 54 At]. 527: State v. Iiays. 23 Mo. 287.—Pr-ineipal challenge. A challenge of u juror [or a cause which carries i\iI'h it, prhmz far-ie. eviilent niarks of suspicion either of malice or fax or; as that ii jiii-or is of kin to either party vriliiin the ninth decree; that hc has an interest in the cause. etc. Bl. Comm 363. A species of ciiai_leiis.—. to the arrav made on account of pai-iiiilirv or some ill-fmilt in the sheriff or his undci'-ofll- car who arrayed the panel.

CHALLENGE TO FIGHT. A summons or invitation, given by one person to another. to engage in a personal conihat; 8. re- quest to light a duel A crinii ai otfoi-se. See Steph. Criin. Dig. 40: 3 Fast. 581; State v. Perkins. 6 Biackf. (Ind.) 20.

CHAMBER. A room or apartment in a house. A pilvate repository of money; a treasury. Sometimes used to desi:1I”‘tP 8 court, a commission, or an Zl¢§(I(,iiltlI)lJ of peisons haliitually meeting together in an ap.-i--tnient. c. 17., the “star chaniher," “chimi- her of dcpnties," “chamber of commerce"

CHAMBER 0!‘ ACCOUNTS. In French law. A sovereign court, of gieat antiquity. in France, which took cognizance of and registered the accounts of the king's revenue; nearly the some as the English court of excheqner. mic. Brit.

CHADIBER OF COMMERCE. An association (which may or may not be incorporated) comprising the piliiupai merch ints, manufacturers, and traders of a city. designed for convenience in buying. selling, and exchanging goods, and to foster the commer- ciai and industrial interests of the place.

CHAIVIBER, WIDOW‘S. A portion of the eifects of a deceased person. reserved for the use or his widow, and consisting of licr apparel, and the furniture of her b(-d-cliainher, is called in London the “widow’s chamber." 2 Bl. Comm. 518.

CHAMBER BUSINESS. A term lip plied to all such judicial huslriess as may properly be translctcd by a judge al his chambers or elsewhere, as distinguished from such as must he done by the court in session. In re Nezigle (C. C.) 39 Fed. 855, 5 L. R. A. 78.

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